Location via proxy:   [ UP ]  
[Report a bug]   [Manage cookies]                

Post File 7285060 Work Permit Handbook Online

Download as pdf or txt
Download as pdf or txt
You are on page 1of 12

2022

EDITION

PAPUA NEW GUINEA

WORK PERMIT
FACTS YOU NEED TO KNOW
CONTENTS

Who is required to hold a work permit……………………………………………………….............2


Work permit exemption…………………………………………………………………………..........2
Volunteers..............................…………………………………………………………………...........2
Types of work permits.............…………………………………………………………………..........3
Duration of work permits..........................................................…………………………………....3
New work permit application...……………………………………………………………………......3
Requirements for new work permit......…………………………………………………………........3
Renewal of work permit……………………………………………………………………………......4
Requirements for renewal of existing work permit……………………………………………….....4
Certifying and Translating documents....……………………………………………………….........4
Conditions…………………………………………………………………………………………….....4
Limitations of work permit..………………………………………………………………………........4
Language requirements.…………………………………………………………………………........5
Application forms…………………………………………………………………………………….....5
Lodgement days…………………………………………………………..........................................5
Processing time......................…………………………………………………………………….......5
Good Corporate Citizens ………………………………………………………………………..........6
Professional registration...............………………………………………………………………........6
Qualifications, Age and Professional registration requirements.......………………………..........7
Refusal of work permit application……………………………………………………………….......7
Cancellation......................………………………………………………………………………........7
Occupations reserved for citizens, occupations which must be advertised and
occupations open for both citizens and non-citizens...................................……………….........7
Work permit fee.........................................…………………………………………………….........8

1
Work Permit information
Facts you need to know

A non-citizen who intend to work in Papua New Guinea in the private sector must be in possession of a valid Work
Permit. Work Permit is regulated and issued by the Papua New Guinea Immigration and Citizenship Authority
(ICA). ICA also have extensive regulatory mandate over the management and issuance of employment visa.

Your work permit must be granted by the Chief Migration Officer (CMO) before you can commence employment.
It is important to know that your Work Permit is a separate document and is not an employment visa. Your
employment visa will be issued separately after your work permit application is approved and issued. You must
have in your possession a valid work permit letter, Work Permit ID card and a valid Working Resident Visa before
you travel to Papua New Guinea to commence work.

It is the responsibility of your sponsor or employer to apply for a work permit on your behalf. Employers who
employ non-citizens who are not in possession of valid work permit are in breach of the Foreign Employment Laws
and both will be penalised accordingly.

Who is required to hold a Work Permit?


All non-citizens who seek employment in the private sector in Papua New Guinea must possess a valid work
permit before they can commence employment.

Work Permit Exemption


Exemptions are given to non-citizen empoyees to engage in employment if they fall under one of these categories:
• The non-citizen is employed in the Papua New Guinea Public Service;
• The non-citizen is employed by a Diplomatic Corps;
• The non-citizen is appointed as Official Personal Staff;
• The non-citizen is employed by certain Aid Donor Organizations such as AusAID and JICA, and;
• Non-citizens who have been granted Permanent Resideny (PR) status.

Locally engaged non-citizen employees of foreign Diplomatic Missions and Aid Donor Organizations in Papua
New Guinea are not exempted and must obtain a valid work permit before commencement of employment.

Non-citizen employees of State Owned Enterprises (SOEs) and Statutory Bodies must, in most cases, possess a
valid work permit before undertaking employment.

Certain visa holders who enter PNG for specific, short-term purposes may be exempt from the requirement to hold
a work permit. Refer to the website (ica.gov.pg) for specific information.

Volunteers
Non-citizen volunteers are required to hold a valid work permit unless they are employed by a specified Aid Donor
Organization which has been formally recognized by the Government.

Dependents of work permit holders may wish to engage in informal voluntary activities during their stay in Papua
New Guinea. This could include activities such as fundraising for charities i.e. sausage sizzle, selling raffle tick-
ets, serving at the school canteen or providing meals to hospital patients. A work permit is not required in these
circumstances as long as the voluntary activity occurs on an irregular basis, the volunteer has no employment
contract and receives no remuneration (either in cash or kind) and the activity does not deprive a citizen of an
opportunity for employment.

2
Types of Work Permit
The Papua New Guinea Government through Immigration and Citizenship Authority (ICA) issues three types of
work permits.

1. General Work Permit


A general work permit is granted where the employment contract between the employer and employee is for
work of a commercial nature. The law defines commercial work as employment performed entirely or mostly for
financial (i.e. money) rewards.

2. Volunteer Work Permit


A volunteer work permit is granted where the employment contract between the employer and employee is for
work of a voluntary nature. The law defines voluntary work as employment performed entirely or mostly for other
than financial rewards. A decision as to whether an employee qualifies for a Volunteer Work Permit requires
careful consideration of factors such as: (1) Salary, (2) allowances, (3) nature of the activities engaged in, and (4)
the history of the organization in PNG. Non-citizens who are granted volunteer work permit may not engage in
work which is of a commercial nature.

3. Bridging Work Permit


Bridging work permit applies where a non-citizen is changing employment and has applied for a new work permit
but their current work permit is due to expire within 2-3 months’ time before the new work permit can be granted.
Bridging also applies to a non-citizen who is promoted within the same company to a new position.

Duration of Work Permit


• A short term work permit is valid for up to six months from the date it is granted.
• A long term work permit is valid from one year up to three years from the date it is granted (or 5 years for Good
Corporate Citizens).
• A Bridging Work Permit is valid for sixty days from the date it is granted.

New Work Permit application


Application for new work permit and short term work permit must be completed using the prescribed application
form: Form 1 – Green Form. Applications submitted on incorrect or out-of-date forms will not be accepted under
any circumstances. The application form can be downloaded on the website www.ica.gov.pg

A Work Permit applicant must be outside of Papua New Guinea at the time the work permit is granted. However, a
non-citizen may be granted a work permit (new or renewal) while they are in Papua New Guinea if the non-citizen
already holds a valid work permit.

Requirements for new Work Permit


These are the requirements for a new Work Permit Application.
• Copy of Passport bio data page (Passport must be valid for more than 6 months);
• Copy of the updated Curriculum Vitae;
• Copy of the job description;
• Certified evidence of education qualifications;
• Copy of employment contract signed and dated by both employee and the employer;
• Company organizational structure;
• Two recent passport size photograph of employee (must be clear and in colour);
• Evidence of membership of Professional Association (where relevant);
• Evidence of English Language Proficiency (where relevant);
• Employer’s Certificate of Incorporation from the Investment Promotion Authority (IPA) – Form 4 and 5;
• Evidence (receipt) of payment of fee (non-refundable).

3
Renewal of Work Permit
Renewal of work permit must be done 3 months prior to the expiration of your current permit. A renewal only
applies if the application is for the same position in the same company.

An application for the renewal of a work permit must be made on Form 2: Application for Renewal of Work Permit.
Requirements for renewal can be found on the checklist on the same form.

Requirements for renewal of existing Work Permit


The following documents must be provided as requirements for renewal of an existing work permit.
• Copy of existing work permit;
• Updated Curriculum Vitae;
• Copy of employment contract signed by both employee and employer;
• Two recent passport size photograph of employee (must be clear with colour);
• Copy Passport bio data page;
• Evidence of membership of Professional Association (where relevant);
• Evidence of training and development of PNG citizen workers (company training report accompanied by com-
pany’s succession plan and copies of certificates issued to citizen trainees);
• Justification letter why the Authority should renew your work permit;
• Copy of employee Tax Identification Number (TIN) certificate from Internal Revenue Commission (IRC).

Certifying and Translating documents


It is a requirement that all supporting documentation submitted as part of a work permit application must be
certified as true and correct by a Justice of the Peace or other notary.

Translation
All documents which are not in English language must be accompanied by a translation into English. The
translation must be accompanied by a statement in English from the translator setting out:
• The translator’s full name, address and occupation;
• The translator’s qualifications, and;
• A statement that the translation is true and correct.

Conditions
Work Permit is granted subject to certain conditions. Where a work permit is granted subject to a condition, the
conditions will be clearly stated on the work permit. An employer and the employee who breaches the conditions
of a work permit is guilty of an offence.

Limitations of Work Permit


Work Permit can be issued:
• To a specified employer;
• For a specified non-citizen, and;
• For a specified occupation.

A work permit is not transferable i.e. it may not be used by another non-citizen employee. A non-citizen employee
may not move from one position to another position within the same company (or another company) without
making an application for a new work permit.

An employee who works in a different position or different company to that of which his or her work permit was
granted, commits an offence.

A work permit may be granted to a non-citizen for the purpose of providing consultancy or business services.
However, these services must be limited to a specific area of the PNG economy (for example: Legal services or
Financial Services).

4
Language requirements
Non-citizens are required to share their knowledge and experience with their Papua New Guinea counterparts.
It is also important that non-citizens who come to work here are able to communicate with Papua New Guinea
citizens within the community.

For this reason, it is mandatory that all non-citizens must prove that they are proficient in English language, Tok
Pisin or Motu before they can be granted a work permit.

Proof of Language Proficiency?


An applicant may prove his or her proficiency in English language if the applicant:
• + Has an International English Language Testing System (IELTS) Certificate with a score of at least Band 4 in
the General or Academic Module;
• Has a certificate from a recognised English Language Instruction Institution which confirms that the applicant
is Proficient in English;
• Has completed at least 5 years of secondary education at a school or schools that taught in English;
• Has completed a 3 year tertiary qualification that was taught in English;
• Can otherwise show that they are proficient in English.

Application Forms
Work Permit application forms can be downloaded on the website www.ica.gov.pg
Form 1 - Green Form: For New and Short-Term Work Permit application;
Form 2 - Application for Renewal of Work Permit: For renewals.

Lodgement days
Work Permit applications are lodged on Tuesdays and Thursdays only at the counters inside Central Government
Office (CGO) in Waigani from 9am-12 midday. Status followups are on Mondays, Wednesdays and Fridays from
9am-12 midday. Clients can email clientservice@immigration.gov.pg to follow-up on the status of the work permit.

Processing time
Work permit applicants can expect to receive their work permit within a month if all requirement are provided.

Fee
A detailed fee schedule can be found at the back of this document. The fee schedule is also available on the
immigration website www.ica.gov.pg

5
Good Corporate Citizens
Certain employers can be declared as Good Corporate Citizens of Papua New Guinea. Good Corporate Citizen-
ship is based on the belief that businesses that ‘do the right thing’ should be rewarded. In other words, it is an
initiative to recognize those members of the business community in Papua New Guinea who make an outstanding
contribution to the development of Papua New Guinean workers.

What are the requirements?


Good Corporate Citizens must be able to demonstrate a sound track record of:
+ Recruiting and training Papua New Guinean workers;
+ Complying with all Papua New Guinea Laws and Regulations;
+ Sound employment, industrial relations and occupational safety and health practices.

Business will not be able to demonstrate good corporate citizenship by providing a one-off monetary gift. The
good behaviour must be sustained. There must be evidence of a real, long-lasting commitment to the ideals of
Good Corporate Citizenship.

Benefits
Good Corporate Citizens may be given the following benefits:
+ 5 year work permits;
+ Priority processing of new applications and renewals;
+ Public recognition through the displaying of the Good Corporate Citizen Logo.

Application:
The Chief Migration Officer (CMO) may, from time to time, call for applications for Good Corporate Citizenship.
These applications will be considered by the CMO who shall make a recommendation to the Minister for
Immigration and Border Security. Good Corporate Citizenship is awarded by the Minister and the names of
recipients are published in the National Gazette.

Good Corporate Clients have a separate guidelines outlining the application and approval process to be followed
for those companies who wish to be recognized as Good Corporate Citizens.

Professional Registration
It is necessary for certain non-citizen employees in Papua New Guinea to register with a Professional Body before
taking up employment. For example, registration is required by the following Professional Bodies:
• Institute of Engineers PNG Inc.
• Certified Practicing Accountants of PNG
• Nursing Council of PNG
• Maritime Safety Authority
• Pharmacy Board of PNG
• Law Society of PNG
• Medical Board of PNG
• Papua New Guinea Association of Surveyors
• Papua New Guinea Institute of Architects
• Civil Aviation Authority
• PNG Human Resource Institute
• National Fisheries Authority

It is a mandatory requirement that all applicants must provide proof of registration with the relevant Professional
Body before submitting an application for a work permit. It is the responsibility of the employer and the non-citizen
to ensure they are registered with the appropriate Professional Association. The Authority will not be able to
process an application until written proof of registration is provided.

6
Qualifications, Age and Professional Registration requirements
Non-citizens who come to work in Papua New Guinea must have evidence of educational qualification, skills and
experience in the job they have applied for. A non-citizen employee must possess a University Degree or Tertiary
qualification relevant to their field of employment. Applications should also demonstrate ample work experience
in the field you applied for.

Refusal of Work Permit applications


Where an application is refused by the Chief Migration Officer, written notification outlining the reasons for the
decision will be provided to the applicant.

Appeal
Where an applicant is aggrieved with the Chief Migration Officer’s decision, then an appeal in writing may be
made to the Minister for Immigration and Border Security. In such cases the appeal must:
• Be made within 14 days of receiving the notification of refusal;
• Be in writing;
• Clearly specify the grounds for the appeal;
• Be accompanied by evidence of payment of the prescribed non-refundable fee.

On receipt of an appeal, the Minister will, within 28 days, obtain the recommendation of the Chief Migration Officer
and consider all the information contained in the appeal. The Minister will then:
• Decide whether to grant or refuse the appeal;
• Advise the applicant in writing of the reasons for the decision;
• If the appeal is granted, the Minister will direct the Chief Migration Officer to grant the work permit.

Cancellation
Work permit is automatically cancelled in the following circumstances:
• A work permit becomes invalid if the non-citizen ceases to hold a valid visa. In other words, if a non-citizen’s
visa becomes invalid his or her work permit is automatically invalid.
• A work permit becomes invalid if a non-citizen’s employment is terminated for any reason. In other words, if a
non-citizen’s employment ends, his or her work permit is automatically invalid.

The Chief Migration Officer may cancel work permit if:


• The work permit holder has not complied with the conditions of the work permit;
• The work permit application contained information that was false or misleading;
• The person who holds the work permit is not a ‘fit and proper’ person to continue to hold a work permit. For
example, a person is not ‘fit and proper’ if:
- They have been convicted of a criminal offence or have engaged in criminal activity;
- They have been assessed by the relevant authority as being a risk to national security;
- They are physically or mentally unable to continue performing their duties;
- They have mistreated Papua New Guinean workers;
- They have breached the Act (Employment of non-citizen Act).

Occupations reserved for citizens, Occupations which must be advertised and


Occupations open for both citizens and non-citizens
All employers who employs non-citizen workers must be familiar with the ‘list of reserved occupations’. A
document guide to the Foreign Employment Industrial Divisions and Classification of Occupations that contains
the full Classification of Occupations and the rules (if any) regarding the employment of foreigners in these
occupations can be accessed through this link https://www.workpermits.gov.pg/pdfs/Guid_Clasi_1208.pdf.

7
WORK PERMIT FEES
*Note: All fees are charged in PNG Kina (PGK).

WORK PERMIT APPLICATION FEE


New General Work Permit Application - 1 year 2,500.00
New General Work Permit Application - 2 years 5,000.00
New General Work Permit Application - 3 years 7,500.00
New General Work Permit Application - 5 years for GCC 12,500.00
New General Short-Term Work Permit Application - 6 months 750 .00
New Volunteer Work Permit Application - 6 months short term) 125.00
New Volunteer Work Permit Application - 1 year 250.00
New Volunteer Work Permit Application - 2 years 500.00
New Volunteer Work Permit Application - 3 years 750.00
New Volunteer Work Permit Application – 5 years for GCC 1,000.00
Renewal of General Work Permit Application - 1 year 4,500.00
Renewal of General Work Permit Application - 2 year 7,000.00
Renewal of General Work Permit Application - 3 year 9,500.00
Renewal of General Work Permit Application - 5 year for GCC 12,500.00
Renewal of Volunteer Work Permit Application - 1 year 350.00
Renewal of Volunteer Work Permit Application - 2 year 600.00
Renewal of Volunteer Work Permit Application - 3 year 850.00
Renewal of Volunteer Work Permit Application – 5 years GCC 1,100.00
Additional Work Permit Related Fees
Application for Bridging Work Permits 250.00
Change of Employer or Promotion: Applying for work permit whilst in country through
2,000.00
Bridging Application country (Addition fees K2000.00)
Express Process Fee (processing of work permit applications within 3 days) 300.00
Reprint of Work Permit (each copy) 250.00
Reprint of Work Permit Card (each copy) 250.00
Lodging an Appeal 250.00
Copy of the Employment of Non-Citizens Guidelines 60.00
Late Lodgement of Renewal of Work Permit applications within 7 days before expiring of
1,000.00
work permit - (both General Work Permits and Volunteer Work Permits)
Work Permit Passport Number Amendment Fee 200.00
10.00 per
Copy of File Documents
page
Exemption Fees (Addition fees of K1000.00 per application). This fee does not apply to
1, 000.00
exemption of old age missionaries or volunteers.

8
www.ica.gov.pg
facebook/pngimmigration
twitter@pngimmigration
linkedin/pngimmigration

You might also like